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WASHINGTON — A U.S. Virgin Islands judge on Thursday tossed out the controversial case against ATF agent Will Clark who had been on trial since Monday on charges of murdering his neighbor during a confrontation in 2008.

The Associated Press reported that Judge Edgar Ross tossed the case on a technicality, ruling in favor of a defense motion that proper procedure was not followed in identifying the body of shooting victim Marcus Sukow to the medical examiner.

Prosecutors had accused ATF agent Clark of using excessive force during a confrontation with Sukow, who was involved in a in a domestic dispute that day. Clark claimed it was self defense and his agency, after conducting an internal review, found Clark responded properly.

The case was dismissed with prejudiced, meaning the decision cannot be appealed.

Rep. Chris Lee (R-NY), who has been a vocal supporter of Clark all along issued a statement Thursday afternoon saying:

“As I have said from the beginning, Will is a hero, not a murderer, and I’m so grateful the Judge looked at the facts of the case and agreed.”

“Our law enforcement officers need to know that they will not be prosecuted for taking lawful actions to protect the innocent, whether they are on duty or off. I’m proud to say that today, justice was served with the dismissal of the charges against Will Clark.”

Rob Snyder, executive vice president of the D.C. chapter of Federal Law Enforcement Officers Association (FLEOA,) fired off an email to members of ATF and other agencies, saying: “Great news: ATF SA WIll CLark had all charges against him dismissed today! This is great news for him personally and for federal lawenforcement as a whole.”